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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Warren County New Jersey ) File No. EB-11-NY-0329
ASR # 1215296 )
Hackettstown, New Jersey ) NOV No. V201232380010
)
)
NOTICE OF VIOLATION
Released: November 22, 2011
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's rules to Warren County New Jersey, owner of
antenna structure # 1215296 in Hackettstown, New Jersey.
2. On November 3, 2011, an agent of the Commission's New York Office
inspected antenna structure # 1215296 located at Upper Pohatcong
Mountain Hackettstown, New Jersey 07840, and observed the following
violations:
a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure to be registered on or after
January 1, 1996, must conform to the FAA's painting and lighting
recommendations set forth on the structure's FAA determination of `no
hazard'." The FCC's Antenna Structure Registration ("ASR") database
currently indicates that antenna structure number 1215296 requires
aviation orange and white paint and red obstruction lighting in
accordance with FAA Circular Number 70/7460-1K, Chapters 3, 4, 5, and
12. The antenna structure does not conform to these recommendations,
but is equipped with dual lighting with red obstruction lighting at
night and medium intensity white flashing lights during the day, and
therefore is in violation of 47 C.F.R. S: 17.23. In order to come
into compliance with the Commission's rules, Warren County New Jersey
must: (1) obtain a new FAA "no hazard" determination indicating that
the current system is permitted and then submit a modified antenna
structure registration to reflect the new "no hazard" determination ,
(2) submit a modified registration if a new FAA "no hazard"
determination already has been obtained or (3) come into compliance
with the current ASR by painting the structure in accordance with FAA
Circular Number 70/7460-1K, Chapters 3,4, 5, and 12.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854)." During the
inspection, the agent observed that construction of antenna structure
number 1215296 had been completed; the FCC's antenna structure
registration database, however, still showed the structure's status
as "granted."
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, Warren County New
Jersey must submit a written statement concerning this matter within
20 days of release of this Notice. The response must fully explain
each violation, must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective action(s).
The response must be complete in itself and signed by a principal or
officer of Warren County New Jersey. All replies and documentation
sent in response to this Notice should be marked with the File No. and
NOV No. specified above, and mailed to the following address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Warren County New Jersey at its address
of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission